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AKHTAR ULLAH KHAN KHATTAK vs COLLECTOR LAND ACQUISITION, NOWSHERA S — 2022 PLD 105 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLD 105 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLD
Parties
AKHTAR ULLAH KHAN KHATTAK vs COLLECTOR LAND ACQUISITION, NOWSHERA S
Subject matter
Civil
Provisions referred to
S. 48---C; S. 4; S. 48; Land Acquisition Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AKHTAR ULLAH KHAN KHATTAK VS COLLECTOR LAND ACQUISITION, NOWSHERA S. 48---Completion of acquisition not compulsory, but compensation to be awarded where not completed---Scope---Acquired land of the petitioners was in possession of the Acquiring Agency since 1955, on the basis of lease for the same purpose as mentioned in the award---Subsequently, notification under S. 4 of the Land Acquisition Act, 1894, was issued in the year 1977 and finally the award was announced in the year 1999---Acquired land had remained in possession of the acquiring agency for about 66 years but the petitioners were not given compensation---Ultimately, impugned de-notification within the meaning of S. 48 of the Land Acquisition Act, 1894, was issued---Validity---Provisions of S. 48 were intended to vest powers in the Land Acquisition Collector to withdraw from acquisition of the land of which possession was not yet taken---Collector, after taking possession was functus officio in the matter of acquisition and any action taken thereafter amounted to departure and deviation from the scheme of the Land Acquisition Act, 1894---Impugned de-notification had no legal backing except that the acquiring department was not able to pay the compensation amount to the landowners due to financial crisis, that too, after a long period of more than 65 years---Constitutional petitions were allowed and the impugned de-notification was struck down, in circumstances. Head Notes

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